LAW OF THE KYRGYZ REPUBLIC

of February 16, 2024 No. 49

About modification of the Code of penal procedure of the Kyrgyz Republic

Accepted by Jogorku Kenesh of the Kyrgyz Republic on December 27, 2023

Article 1.

Bring in the Code of penal procedure of the Kyrgyz Republic (the newspaper of "Erkin-limited liability partnership" of November 16, 2021 No. 122-133) the following changes:

Item 2 of part 1 of article 32 after the words "detention" to add 1) with words ", electronic surveillance";

2) Item 13 of part 1 of article 35 after the words "detention" to add with words of "electronic surveillance";

Part 2 of Article 46 to state 3) in the following edition:

"2. The person accused has the right to participate in legal proceedings of case (personally or in the video conferencing mode), to have all rights of the Party, to last plea, to appeal actions and the judgments.";

Part 2 of Article 104 to add 4) with Item 1-1 of the following content:

"1-1) electronic surveillance;";

The Code to add 5) with Article 109-1 of the following content:

"Article 109-1. Electronic surveillance

1. Electronic surveillance - remote control and tracking of the location of the person accused using electronic and other technical means for the purpose of ensuring compliance with the prohibitions and (or) restrictions established concerning it by it.

Electronic surveillance is not applied to persons accused:

1) on especially serious crimes;

2) on the serious crimes provided in the Section VI of the Criminal code of the Kyrgyz Republic.

2. The decision on application of measure of restraint in the form of electronic surveillance is made by the investigator, the prosecutor, the investigative judge, the judge, court by results of consideration of the petition declared by the person accused, his lawyer, the legal representative for possibility of application of this measure of restraint.

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